HARIOM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Aggrieved by the judgment of conviction passed by the learned Sessions Judge, Shajapur in S.T.No.155/2014 dated 19.12.1997, this criminal appeal is filed challenging the impugned judgment and conviction under Section 306 and 498-A read with Section 34 of IPC and sentence of 4 years each and fine of Rs. 2000/- under Section 306/34 of IPC and sentence of 1 year R.I. each and fine Rs. 1000/- under Section 498-A/34 of IPC, with default stipulation.

(2.) The prosecution case in brief is that the accused Hariom S/o Munshilal, Chandrakalabai, wife of Munshilal are all residents of village Lima Chouhan, police station Chappiheda, district Shajapur. The deceased Sumanbai was married to accused Hariom in the year 1976. Accused Chandrakalabai is mother of accused Hariom and mother-in-law of the deceased. Munshilal (PW-1) is the father-in-law of the deceased and father and husband respectively of accused Hariom.

(3.) Vasudev (PW-4) is brother of the deceased. Whenever Sumanbai came to the house of her brother, she used to complain against the present appellants that they had been fighting with her and beating her and treating her with cruelty. On 19.09.93 she left her matrimonial house without informing anybody. Munshilal, father-in-law of the deceased tried to search her for two days and thereafter on 21.09.1993 he lodged a report of missing person at police station Lima Chouhan. The deceased was searched by Devilal(PW-11) and Shambhu Dayal (PW-12). A report of the missing persons was prepared by Shambhu Dayal (PW-12) on 21.09.1993. Skeletal remains of woman was found in nearby forest of village Lima Chouhan and near the dead body, one saree and undergarment of a woman were also found. One golden Mangalsutra worn by married women was found near the skeletal remains. On the basis of her garments and Mangalsutra, the dead body was identified as that of deceased Sumanbai. Thereafter, a case was registered under Section 306/34 of IPC.